The move virtually assures incumbent Donald B. Smith will serve a fourth term, as the Democrats failed to field a candidate.

Smith took roughly 62 percent of the 3,539 votes cast in the primary. That does not include absentee ballots, but even if McConville were to win every absentee ballot, he would still not have enough votes to win.

McConville had secured the Conservative Party nomination, but on Tuesday night lost the line to Smith, who got 190 write-in votes to McConville’s 104.

McConville’s attempt to wrest the Independence Party line from Smith via a write-in also failed.

McConville based his impound request on three specific complaints. He claimed that since Smith had said that Republican Election Commissioner Anthony Scannapieco endorsed his campaign, Scannapieco had a conflict of interest.

McConville’s second complaint was that when his daughter requested an Independence Party absentee ballot, she received a Republican ballot instead. And McConville complained that the Board of Elections Office was closed Friday, “depriving an unknown number of voters of access,” according to McConville’s Facebook page.

Judge Francis Nicolai ordered the machines impounded Tuesday night. By Wednesday afternoon, Nicolai signed off on McConville’s withdrawal of the motion.